BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: SB 1071
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|Author: |Allen |
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|Version: |February 16, 2016 Hearing Date: |
| | April 20, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Lynn Lorber |
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Subject: Special education funding: preschool-age individuals
with exceptional needs
SUMMARY
This bill requires, upon an appropriation in the Budget Act, a
permanent one-time adjustment to the base funding calculation
for each special education local plan area to support special
education and related services for three and four year old
preschool children with exceptional needs.
BACKGROUND
Existing law:
1) Establishes a funding mechanism for special education
(known as AB 602 funding) that is based on the average
daily attendance of K-12 students within each special
education local plan area (SELPA).
2) Requires the Superintendent of Public Instruction to make
specified computations to determine the amount of funding
for each SELPA.
(Education Code § 56836.08, et seq.)
The annual Budget Act funds the State Preschool Program to
provide both part-day and full-day services to eligible three
and four-year old children.
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The 2015 Budget Act included funding to add 2,500 part-day
preschool slots with priority for state preschool contractors
that intend to use these slots to increase access for children
with exceptional needs.
The federal Preschool Grants program provides formula grants to
States for the provision of special education and related
services for children with exceptional needs age 3-5.
ANALYSIS
This bill requires, upon an appropriation in the Budget Act, a
permanent one-time adjustment to the base funding calculation
for each SELPA to support special education and related services
for three and four year old preschool children with exceptional
needs. Specifically, this bill:
1) Requires, upon an appropriation in the Budget Act, a
permanent one-time total adjustment to the base funding
calculation for each special education local plan area
(SELPA) to support special education and related services
as required pursuant to a child's individualized education
program, for three and four year old preschool children
with exceptional needs.
2) Requires the Superintendent of Public Instruction,
beginning with an unspecified fiscal year, to use the
following formula to compute an apportionment for each
SELPA:
a) Divide the dollar amount appropriated
in the Budget Act for this purpose by the December
2015 count of three and four year old children with
exceptional needs throughout the state to establish a
preschool per-pupil rate.
b) Multiply the amount in (a) by each
SELPA's December 2015 count of three and four year old
children with exceptional needs. This bill requires
the produce of this amount to be added to each SELPA's
base calculation as a permanent adjustment.
3) States legislative findings and declarations relative to
the increase in the population of preschool-age students
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with exceptional needs, and the adoption of a state funding
mechanism for these students being necessary to establish
new or expanded high-quality preschool programs.
STAFF COMMENTS
1) Need for the bill. According to the author, "Currently,
the Individuals with Disabilities Education Act (IDEA)
requires school districts to provide educational services
to preschool-age children with disabilities but the state
does not provide dedicated funding for these services. As
a result, school districts use K-12 Local Control Funding
formula dollars and other local education funds to backfill
these costs. During the 2013-14 school year, school
districts reported through their regional special education
agencies expenditures of more than $490.7 million on
legally mandated services to preschool age three and
four-year old children with disabilities, and reported
receiving only $97 million from federal grants to cover the
costs, leaving a hole of nearly $400 million that was
covered using other local education funds."
2) Existing sources of funding. Local educational agencies
currently use a variety of funds to provide special
education and related services to preschool children with
exceptional needs. Such funds include:
a) Federal funding specifically for preschool
children with exceptional needs (totaling $97 million
in 2014-15).
b) State funding for the State Preschool Program,
which serves children with and without disabilities
(totaling approximately $884 million in 2015-16).
c) State AB 602 funds for special education and
related services for K-12 students (these funds are
based on the average daily attendance; children in
preschool do not generate ADA).
d) State funds for the local control funding formula
(Proposition 98).
The 2015 Budget Act included $12 million to add 2,500
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part-day preschool slots, with priority for state preschool
contractors that intend to use these slots to increase
access for children with exceptional needs.
3) Special Education Task Force. The Statewide Task Force of
Special Education was established for the purpose of
studying why students with disabilities were realizing poor
school and postsecondary outcomes, identifying the barriers
to better performance, and providing recommendations for
how to change the state's system of education so it would
better serve all students. The task force released a
comprehensive report in March 2015, titled One System:
Reforming Education to Serve ALL Students. This bill
addresses recommendations included in the task force
report; specifically, the Finance Subcommittee Report
recommended that an additional $150 million be provided to
special education local plan areas in the form of a
supplemental grant for preschool children with
disabilities. This would equate to approximately $3,000
for each preschool child with disabilities identified as
needing special education services.
http://www.smcoe.org/assets/files/about-smcoe/superintendent
s-office/statewide-special-education-task-force/Final%20Fina
nce.pdf
4) Pending report. The Public Policy Institute of California
has just recently begun to conduct a study of the state's
special education finance system. A report related to that
study is expected this Fall, and could help inform the
development of a funding stream specifically for special
education and related services for three and four year old
preschool children with exceptional needs.
5) How many children? This bill requires the apportionment to
be based upon the December 2015 count of three and four
year old children with exceptional needs throughout the
state. According to the California Department of
Education, the December 2014 count found 47,530 children.
6) Which fiscal year? This bill requires the Superintendent
of Public Instruction, beginning with an unspecified fiscal
year, to compute an apportionment for each special
education local plan area. According to the author, the
specific fiscal year will be identified once more
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information is available with regard to an appropriation in
the Budget Act.
7) Fiscal impact. This bill calls for a permanent one-time
adjustment to the base funding calculation for each special
education local plan area. Based on the formula for
calculating this adjustment, the initial cost should be
approximately $150 million. Building this adjustment into
the base would result in on-going annual costs of $150
million.
SUPPORT
Alameda Unified School District
Albany Unified School District
Association of California School Administrators
California Association of School Business Officials
California School Funding Coalition
Clovis Unified School District
Coalition for Adequate Funding for Special Education
Contra Costa County Office of Education, Director of Special
Education
Contra Costa Special Education Local Plan Area (SELPA)
Davis Joint Unified School District, Director of Special
Education
East San Gabriel Valley SELPA
Fresno County SELPA
Greater Anaheim SELPA
Humboldt-Del Norte SELPA
Manhattan Beach Unified School District, Children's Services
Merced County SELPA
North Inland Special Education Region
North Region SELPA
Northeast Orange County SELPA
Oak Park Unified School District
Palo Alto Unified School District
Palo Alto Unified School District, Division of Student Services
Placentia-Yorba Linda Unified School District, Educational
Services
Pomona Unified School District, Special Education Department
Redondo Beach Unified School District, Office of Educational
Services
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Riverside County Superintendent of Schools
Rocklin Unified School District
Romoland School District, Director of Pupil Services
Sacramento City Unified School District
San Diego South County SELPA
Sanger Unified School District, Director of Pupil Personnel
Services
San Juan Unified School District, Special Education Department
San Luis Obispo County SELPA
Santa Clara Unified School District, Director of Special
Education
Santa Clarita Valley SELPA
SELPA Administrators of California
Stockton Unified SELPA
Stockton Unified School District, Special Education Department
Torrance Unified School District
Tri-City SELPA
Tuolumne County Superintendent of Schools, Director of Special
Education and SELPA
Ukiah Unified School District, Director of Special Education
Ventura County SELPA
West Contra Costa Unified School District, Special Education
Department
West End SELPA
West Orange County Consortium for Special Education
West San Gabriel Valley SELPA
Willits Unified School District, Director of Special Education
Yolo County Office of Education
Yolo County SELPA
OPPOSITION
None received.
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